"We are so grateful that a consumer-focused organization like UP – completely independent of the insurance industry – is there to help families and individuals, homeowners and renters alike, navigate the confusing claims process after a disaster, and to help them before a crisis as well."
About the Amicus Library
Welcome to the Amicus Project library. Here you will find copies of the 400+ legal briefs United Policyholders has filed as an "amicus curiae" (friend of the court) since 1991. We file amicus briefs to help courts respect and effectuate consumers' reasonable expectations of coverage and reach fair results in coverage and claim dispute lawsuits. In addition to calling courts' attention to helpful legal precedents, UP helps judges consider the impact of their decisions on people and businesses that suffer dire consequences when insurance companies put their own profit motives ahead of their customers' best interests.
The United Policyholders Amicus Project is made possible by the hundreds of dedicated policyholder attorneys who generously volunteer their time to write, review and edit our briefs. Click here to view the attorneys who make up our Amicus Project Team.
To request that UP weigh in on a case, please complete this Request Form.
UP chronicled our Amicus Project in a 2011 report titled "Twenty Years Protecting, Defending and Advancing Policyholders Rights"
Amicus Library
Year:
2017
Court:
Colorado Supreme Court
Issue:
Statute of Limitations, Penal Statutes, Legislative Intent
State:
Colorado
Year:
2017
Court:
California Supreme Court
Issue:
Accident/Occurrence, Employee's Torts and Negligence, Employer's Vicarious Liability
State:
California
California courts have long held that liability insurance covers an employer's vicarious liability for employee negligence as well as intentional torts.
Year:
2017
Court:
Missouri Supreme Court
Issue:
Contract Interpretation, Duty to Defend, Exclusions
State:
Missouri
Insurance companies have the burden to draft express and clear exclusions when they desire to limit the coverage they sell to their policyholders.
Year:
2017
Court:
New Jersey Supreme Court
Issue:
Allocation and Contribution, Unavailability of Insurance
State:
New Jersey
Under the seminal case of Owens-Illinois v. United Ins.
Year:
2017
Court:
Texas Supreme Court
Issue:
Rules of Discovery - Native Form Documents, Claim File
State:
Texas
When homeowners file claims, insurance companies have a duty to conduct a prompt, reasonable investigation of the damage.
Year:
2017
Court:
U.S. Court of Appeals, 9th Circuit
Issue:
Duty to Defend, Scope of an Exclusion, Reasonable Expectations
State:
California
Year:
2017
Court:
U.S. Court of Appeals, 9th Circuit
Issue:
Duty to Defend, Class Actions
State:
California
The most fundamental obligation of a liability insurer is to defend it's insured against suits alleging bodily injury or property damage. The duty to defend is broader than the duty to indemnify... Read more
Year:
2017
Court:
California Court of Appeal, Second District, Division One
Issue:
Fraudulent or Criminal Acts, Scope of an Exclusion, Final Adjudication
State:
California
In this letter requesting publication, UP urged publication because the decision addresses an issue of great importance to the insurance community, on which there is no published appellate... Read more
Year:
2017
Court:
Florida Court of Appeal, Third District
Issue:
Actual Cash Value
State:
Florida
The Florida Legislature has mandated under Fla. Stat.
Year:
2017
Court:
U.S. Court of Appeals, 11th Circuit
Issue:
Insurer's Duty to Settle, Good Faith and Fair Dealing
State:
Georgia
An insurer's duty of good faith and fair dealing extends to settling claims against its insured.